 The International Tracking of Sex Offenders Working Group (IWG) (White Paper) was convened by the Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking (SMART) in 2008 and has met regularly since that time. The Working Group is comprised of multiple components of the Departments of Justice, Homeland Security, State and Defense. Has anyone ever heard of this working group before this? No! The reason is, it is one more thing being done behind closed doors, this has been the way with everything connected to the Adam Walsh Act. see Origin of the Adam Walsh Act. From the White Paper we find this: The specific mandate regarding establishing a system for tracking registered sex offenders traveling internationally is found in 42 U.S.C. § 16928: § 16928. Registration of sex offenders entering the United StatesThe Final Sex Offender Registration and Notification Act (SORNA) Guidelines, issued on July 1, 2008, discuss this particular section and expand upon the statutory language as follows: Relevant provisions include SORNA § 128, which directs the Attorney General to establish a system for informing domestic jurisdictions about persons entering the United States who are required to register under SORNA, and 18 U.S.C. 2250(a)(2)(B), which makes it a federal crime for a sex offender to travel in foreign commerce and knowingly fail to register or update a registration as required by SORNA. To carry out its responsibilities under these provisions, the Department of Justice needs to know if sex offenders registered in U.S. jurisdictions are leaving the country, since such offenders will be required to resume registration if they later return to the United States to live, work, or attend school while still within their registration periods. Also, both for sex offenders who are convicted in the United States and then go abroad, and for sex offenders who are initially convicted in other countries, identifying such sex offenders when they enter or reenter the United States will require cooperative efforts between the Department of Justice (including the United States Marshals Service) and agencies of foreign countries. As a necessary part of such cooperative activities, foreign authorities may expect U.S. authorities to inform them about sex offenders coming to their jurisdictions from the United States, in return for their advising the United States about sex offenders coming to the United States from their jurisdictions. For this reason as well, federal authorities in the United States will need information about sex offenders leaving domestic jurisdictions to go abroad in order to effectively carry out the requirements of SORNA § 128 and enforce 18 U.S.C. 2250(a)(2)(B). [emphasis added] Lets begin by pointing out that the ONLY authority in 16928 is to track folks ENTERING the United States, there is no authority for controlling the EXITING of anyone whether they are registered or not. If a U.S. registrant left the U.S. and returned then they would know that if and when s/he returned, so there is no reason to restrict or control in any manner the exiting of folks. Any reasonable reading of 16928 clearly limits authority to ENTERING and for the USAG to control EXITING is overstepping his authority. Accordingly all the restrictions placed on registrants with respect to EXITING the U.S. are, in this writer's mind, unconstitutional. However, until someone takes this issue to court, it will be as it is today. Registrants must abide by the illegal restrictions! Now, what we show here is, the foundation of this IWG is flawed and everything that flows from the groups work, is also outside the bounds of their authority. To find out how many other U.S. agencies are involved, folks will have to read the White Paper, you will be shocked.. For now, have a great day and a better tomorrow. eAdvocate (BACK to the Top Page) |
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